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2023 Supreme(Bom) 888

G. S. PATEL, NEELA GOKHALE
Ador Welding Limited – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Anjali Chandurkar, Advocate, Prakash Shah, Advocate, Durgaprasad Poojari, Advocate, Arjun Gupta, Advocate

JUDGMENT

Gs Patel, J. - There is an Affidavit in Reply. Rule, returnable forthwith.

2. The Petition challenges a communication dated 26th August 2022 by which the 3rd Respondent rejected the Petitioner's application for compounding under the Bureau of Indian Standards (BIS) Rules 2018 ('the BIS Rules') framed under the Bureau of Indian Standards Act 2016 ('the BIS Act').

3. The facts are not contentious. The Petitioner manufactures welding equipment and welding automation solutions. Where applicable, i.e., for domestic sales, the Petitioner says that it complies with standards set by the Bureau of Indian Standards ('BIS').

4. The Petitioner has a manufacturing unit at Silvassa and a warehouse at Bhiwandi. The Petitioner imports welding wires- Flux Cored Wire E71T-1C Diameter 1.2mm. These go through an in-house quality check and then they are sold directly as imported goods.

5. Before the Flux Cored (Tubular) Electrodes (Quality Control) Order 2021 issued on 12th March 2021, these goods did not require a BIS certification. That order came into effect from 1st September 2021.

6. On a complaint that the Petitioner was importing these goods by misusing a BIS standard or not adhering to a BIS

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